Point of Order

On a point of order, Madam Deputy Speaker. I have given the Speaker’s Office advance sight of this point of order on process, following proceedings last night in relation to new clause 82 tabled to the Planning and Infrastructure Bill, which was not put for a separate decision. First, I want to say very clearly that this is no criticism or challenge of the decision of the Clerks, Deputy Chairs or Chairs, for whom I have immense respect, but it is a request for clarification on the process and the decision that was come to last night. With your indulgence, Madam Deputy Speaker, I would like to ask the following.

New clause 82 was accepted for a separate decision yesterday, and it was signed by over 70 Members of Parliament. The Member who tabled the new clause, the hon. Member for Bournemouth East (Tom Hayes), had indicated outside the Chamber before the conclusion of the proceedings that he would not push the new clause to a vote, and that is his right. However, advice was given to the Chair that the Chair has discretion not to mention or put the Question at the conclusion of proceedings, despite the new clause being allocated for separate decision through the usual channels; thus, when the conclusion of proceedings came, there was no mention of new clause 82.

Precedent in this House says that another Member who has signed the amendment can push the new clause to a vote. However, that option was not given to a Member who wished to do so and had signed the amendment. “Erskine May” states under paragraph 28.139, titled “Conclusion of proceedings on consideration”:

“If the time available for debate on consideration under the terms of a programme order has been exhausted, Standing Order No 83E is engaged. In order to bring proceedings to a conclusion, the Speaker must put forthwith the following questions (but no others):

a. any question already proposed from the Chair;

b. any question necessary to bring to a decision a question so proposed;

c. the question on any amendment, new clause or new schedule selected by the Speaker for separate decision;

d. the question on any amendment moved or motion made by a Minister; and

e. any other question necessary for the disposal of the business to be concluded.”

Another example comes in Standing Order No. 32, which says in sub-clause (1):

“In respect of any motion or any bill under consideration on report or any Lords amendment to a bill, the Speaker shall have power to select the amendments, new clauses or new schedules to be proposed thereto.”

Sub-clause (5) states:

“The powers conferred on the Speaker by this order shall not be exercised by the Deputy Speaker save during the consideration of the estimates.”

I have a concern that this has set a precedent. Over 70 Members across the House who had signed a new clause did not have the chance to put it to a vote last night. The Member who tabled the clause spoke to it and outlined the measures that it would bring into the legislation. I am worried that Members from all parties across the House who have signed amendments and new clauses will not have the opportunity to put them to a vote just because the Chair decides they have the discretion to eradicate that Question from being put in the proceedings of this House. I would be grateful for your clarification, Madam Deputy Speaker, and maybe you could offer a meeting with the Principal Clerk, so that I can discuss my concerns about this issue.

I thank the hon. Member for advance notice of his point of order. I can assure him and the House that nothing irregular or, indeed, unusual took place last night. It is usual for the Speaker to give provisional advance notice of amendments and new clauses that are expected to be selected for separate decision. However, it is not infrequent for the Chair to make changes based on new information that comes to light during the course of the debate, particularly when the lead signatory to an amendment or new clause indicates that they do not wish to move it.

Only an amendment or new clause that has been moved by a Member needs to be withdrawn with the leave of the House before the Question is put. This only applies to the lead amendment or new clause in any group. In this instance, the Member had not been called to move the new clause, so there was nothing to withdraw. It is wholly appropriate and normal for the Chair to decide not to call a new clause or amendment for a separate decision when the lead signatory has indicated they do not wish to move it. Ideally, this indication should have been made in the course of the debate by the Member who tabled the new clause. The hon. Member for Hamble Valley (Paul Holmes) knows very well how to touch base with the Table Clerks and the staff in the Speaker’s Office.

Bill Presented

British Indian Ocean Territory (Sovereignty and Constitutional Arrangements) Bill

Priti Patel, supported by Andrew Rosindell, Wendy Morton, James Cartlidge, Mr Mark Francois, Helen Grant, Jesse Norman, Alex Burghart, Andrew Griffith, Sir Mel Stride, Mr Richard Holden and Mike Wood, presented a Bill to make provision about sovereignty and constitutional arrangements in respect of the British Indian Ocean Territory, also known as the Chagos Archipelago; to prohibit the making of payments of public funds to the government of another country in connection with the sovereignty or constitutional arrangements of the British Indian Ocean Territory, unless authorised by Parliament; to require the Secretary of State to consult and engage with British Chagossians in relation to any proposed changes to the sovereignty and constitutional arrangements of the British Indian Ocean Territory; and for connected purposes.